To amend the Atomic Energy Act of 1954 to align the licensing of uranium enrichment facilities with other fuel cycle facilities under that Act, and for other purposes.

To amend the Atomic Energy Act of 1954 to align the licensing of uranium enrichment facilities with other fuel cycle facilities under that Act, and for other purposes.

Be it enacted by the Senate and House of Representatives of the United States of America in Congress assembled,

SECTION 1. Short title.

SEC. 2. Licensing of uranium enrichment facilities.

(a) Amendments.—Section 193 of the Atomic Energy Act of 1954 (42 U.S.C. 2243) is amended—

(1) in subsection (a)—

(A) in paragraph (1), by striking “construction and”; and

(B) in paragraph (2)—

(i) by striking “the hearing on”; and

(ii) by striking “construction and”;

(2) in subsection (b)—

(A) in paragraph (1)—

(i) by striking “The Commission shall conduct a single adjudicatory hearing on the record” and inserting “In accordance with section 189 a.(1)(A), the Commission shall grant a hearing”;

(ii) by striking “construction and”; and

(iii) by inserting “on the request of any person whose interest is affected by the operation of the uranium enrichment facility and shall admit that person as a party to the proceeding” after “and 63”;

(B) by striking paragraph (2);

(C) by redesignating paragraph (3) as paragraph (2); and

(D) in paragraph (2) (as so redesignated), in the paragraph heading, by striking “Single proceeding” and inserting “No further action required”;

(3) in subsection (c), by striking “construction and”; and

(4) by adding at the end the following:

“(g) Pre-License construction.—Nothing in this section prohibits the construction of a uranium enrichment facility prior to issuance of a license authorizing operation of that facility under sections 53 and 63, subject to the conditions that the construction—

“(1) commences after the date on which the Commission dockets the application;

“(2) complies with all applicable Federal laws and regulations; and

“(3) is entirely at the risk of the applicant.”.

(b) Notification of enrichment construction.—As part of an application for a license under sections 53 and 63 of the Atomic Energy Act of 1954 (42 U.S.C. 2073, 2093) for operation of a uranium enrichment facility, the Nuclear Regulatory Commission (referred to in this section as the “Commission”) shall require that an applicant submit a certification that, not fewer than 15 days before commencing construction of the uranium enrichment facility pursuant to subsection (g) of section 193 of that Act (42 U.S.C. 2243), the applicant will submit a written notification with respect to commencing construction to—

(1) the Governor of the State in which the uranium enrichment facility is to be located;

(2) the chief executive and governing body of each unit of local government in which the facility is to be located; and

(3) the governing body of each Indian Tribe with jurisdiction over land that would be included in the geographic area of the emergency plan of the uranium enrichment facility prepared pursuant to section 70.22(i)(1)(ii) of title 10, Code of Federal Regulations (or a successor regulation), if applicable.

(c) Regulations required.—

(1) IN GENERAL.—Not later than 180 days after the date of enactment of this Act, the Commission shall promulgate regulations to revise part 70 of title 10, Code of Federal Regulations, as appropriate to reflect the amendments made by subsection (a).

(2) PENDING APPLICATIONS.—With respect to an applicant for a license under sections 53 and 63 of the Atomic Energy Act of 1954 (42 U.S.C. 2073, 2093) for the operation of a uranium enrichment facility the application for which was submitted before the date on which the regulations required under paragraph (1) take effect, the Commission may grant an exemption from the requirements of the regulations in effect on the date on which the application was submitted in accordance with this Act and the amendments made by this Act.

(d) Rule of construction.—Nothing in this Act, or an amendment made by this Act, limits or otherwise affects the authority of the Commission to regulate construction as necessary to license and oversee the operation of a uranium enrichment facility.

(e) Savings clause.—Nothing in this Act, or an amendment made by this Act—

(1) limits or otherwise affects the authority of the Commission to deny an application for a license to operate a uranium enrichment facility because the applicant failed to construct or operate the uranium enrichment facility in accordance with applicable regulatory requirements; or

(2) affects judicial review of a final action by the Commission otherwise available under section 189 of the Atomic Energy Act of 1954 (42 U.S.C. 2239).